Revised Contact Information, Nomenclature Change and Correction of Citation Error, 22247-22250 [05-8535]
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
and reduce controller workload in the
Southern California area.
EFFECTIVE DATES: 0901 UTC, July 7,
2005.
FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules, Office of
System Operations and Safety, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
History
On October 28, 2004, the FAA
published in the Federal Register a
notice proposing to revise V–208
between the Ventura, CA, VORTAC and
the Santa Catalina, CA, VORTAC (69 FR
62832). Interested parties were invited
to participate in this rulemaking effort
by submitting written comments on the
proposal. One comment was received in
support of the proposal as long as the
airway is charted prior to use as an
airway. We agree with the comment.
The airway will be effective concurrent
with charting. With the exception of
editorial changes, this amendment is the
same as that proposed in the notice.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71
(part 71) to modify V–208 by changing
the originating point of the airway from
the Santa Catalina, CA, VORTAC to the
Ventura, CA, VORTAC. The revision
incorporates a routing that is currently
issued by ATC when managing aircraft
in the Los Angeles, CA, terminal area.
Extending V–208 as described above
will significantly reduce pilot-controller
communications, alleviate radio
frequency congestion, reduce the
potential for pilot readback errors, and
enhance the management of aircraft
operations in the Southern California
area.
Domestic VOR Federal airways are
published in paragraph 6010(a) of FAA
Order 7400.9M dated August 30, 2004,
and effective September 16, 2004, which
is incorporated by reference in 14 CFR
71.1. The domestic VOR Federal airway
listed in this document will be
published subsequently in the order.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this proposed
regulation: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
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Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in 14
CFR 71.1 of FAA Order 7400.9M,
Airspace Designations and Reporting
Points, dated August 30, 2004, and
effective September 16, 2004, is
amended as follows:
I
Paragraph 6010(a)
Airways
*
*
*
Domestic VOR Federal
*
V–208 [Revised]
From Ventura, CA; INT Ventura, 175° and
Santa Catalina 310° radials; Santa Catalina,
CA; Oceanside, CA; Julian, CA; Thermal, CA;
Twentynine Palms, CA; 20 miles, 24 miles 73
MSL, Needles, CA; Peach Springs, AZ; Grand
Canyon, AZ; INT Grand Canyon 095° and
Tuba City, AZ, 246° radials; Tuba City; Page,
AZ; Hanksville, UT; Carbon, UT; Myton, UT;
79 MSL, Vernal, UT, 25 miles, 105 MSL,
Cherokee, WY. The airspace within R–2503
and the airspace below 2,000 feet MSL
outside the United States is excluded. The
portion outside the United States has no
upper limit.
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*
*
*
*
Issued in Washington, DC, April 21, 2005.
Edith V. Parish,
Acting Manager, Airspace and Rules.
[FR Doc. 05–8536 Filed 4–28–05; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, 748, 762, and
764
[Docket No. 050408099–5099–01]
RIN [0694–AD48]
Revised Contact Information,
Nomenclature Change and Correction
of Citation Error
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule revises delivery
addresses, telephone and facsimile
numbers; makes a nomenclature change,
and corrects a citation error. This rule
revises the delivery address for the ENC
Encryption Request Coordinator and the
office within BIS that receives
encryption review requests and reports.
The rule also revises the facsimile
number for the Office of Exporter
Services, corrects the name of the
Outreach and Educational Services
Division, revises the office to which a
voluntary self-disclosure may be sent,
revises the title and address of the
official to whom a voluntary selfdisclosure may be sent, and corrects a
citation error. These actions are being
taken to reflect the reorganization or
movement of certain offices or
functions, and to correct an error in the
regulations. This action is not intended
to have a substantive effect on the rights
or obligations of the public.
DATES: This rule is effective April 29,
2005.
Send comments concerning
this rule to rpd2@bis.doc.gov, fax (202)
482–3355, or to Regulatory Policy
Division, Bureau of Industry and
Security, Room H2705, U.S. Department
of Commerce, Washington DC, 20230.
Please refer to regulatory identification
number (RIN) 0694–AD48 in all
comments, and in the subject line of email comments.
FOR FURTHER INFORMATION CONTACT:
William Arvin, Office of Exporter
Services, Bureau of Industry and
Security, Telephone: (202) 482–2440,
Email: warvin@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule
makes administrative changes and
corrections to the Export Administration
Regulations (EAR) as described below.
The EAR require that certain
encryption review requests and reports
be submitted to the ENC Encryption
Request Coordinator located in Fort
Meade, Maryland and to BIS. This rule
ADDRESSES:
*
22247
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
revises two delivery addresses and one
name for such deliveries. Those
addresses and name are:
• The suite number in the address of
the ENC Encryption Request
Coordinator is changed from 6131 to
6940 in § 740.8(b)(2)—(classification
requests related to key escrow and key
recovery products pursuant to License
Exception Key Management
Infrastructure (KMI)), § 740.17(e)(5)(ii)—
(submission of semi-annual reports
required pursuant to License Exception
ENC), and Supp. No. 6 to Part 742
(Guidelines for submitting review
requests for encryption items) to reflect
a recent move by that organization;
• The name KMI Encryption Request
Coordinator in § 740.8(b)(2) is changed
to ENC Encryption Request Coordinator
to reflect the current name of that
organization; and
• The room number for deliveries to
BIS’s Information Technology Controls
Division is changed from 2625 to 2093
in Supplement No. 6 to Part 742.
This rule revises the facsimile number
that appears n § 748.4(h) (requests for
emergency processing of export and
reexport license applications) and in
§ 748.2(a) (requests for BIS forms from
the Washington, DC facility of the Office
of Exporter Services) to read ‘‘(202) 482–
2927’’. This rule also corrects the name
of the Outreach and Educational
Services Division in § 730.8 and § 748.2.
This rule removes the Office of Export
Enforcement (OEE) field offices from the
list of locations at which to make
voluntary disclosures in § 764.5(c)(7).
All such disclosures will have to be
made to OEE headquarters. The rule
also revises title of the headquarters
official as well as the headquarters
address, telephone number, and
facsimile number to use when making
such disclosures.
This rule corrects a citation error in
§ 762.1(a)(4) by revising the reference to
§ 734.2(b)(7) to read § 736.2(b)(7)
because the latter rather than the former
mentions the actions related to
proliferation activities to which
§ 762.1(a)(4) refers.
Although the Export Administration
Act expired on August 20, 2001,
Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783
(2002)), as extended by the Notice of
August 6, 2004, 69 FR 48763 (August
10, 2004) continues the Regulations in
effect under the International
Emergency Economic Powers Act.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of E.O.
12866.
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2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with a collection of information, subject
to the requirements of the Paperwork
Reduction Act, unless that collection of
information displays a currently valid
Office of Management and Budget
Control Number. This rule involves
collections of information subject to the
Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et. seq.). These collections
have been approved by Office of
Management and Budget under control
number 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes for a
manual or electronic submission,
control number 0694–0104 ‘‘Encryption
Items Under the Jurisdiction of the
Department of Commerce, Forms BIS
742R and 742S’’ which carries a total
estimated annual burden of 2,830 hours
among an estimated 680 respondents,
and 0694–0058 ‘‘Procedure for
Voluntary Self-Disclosure of Violations’’
which carries a total estimated annual
burden estimate of 670 hours. BIS
believes that this rule will not
materially affect the burden imposed by
any of these collections. Send comments
regarding these burden estimates or any
other aspect of these collections of
information, including suggestions for
reducing the burden, to David Rostker,
Office of Management and Budget
(OMB), by e-mail to
David_Rostker@omb.eop.gov, or by fax
to (202) 395–7285; and to the Office of
Administration, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Avenue, NW.,
Room 6883, Washington, DC 20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. The Department finds that there is
good cause under 5 U.S.C. 553(b)(B) to
waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because it is
unnecessary. The changes made by this
rule are not substantive changes. This
regulation revises delivery addresses
and telephone and facsimile numbers,
corrects citation errors, and removes a
redundant notification requirement. The
revisions made by this rule are
administrative in nature and does not
affect the rights or obligations of the
public. Because these revisions are not
substantive changes to the EAR, it is
unnecessary to provide notice and
opportunity for public comment. In
addition, the 30-day delay in
effectiveness required by 5 U.S.C. 553(d)
is not applicable because this rule is not
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a substantive rule. This rule only revises
two delivery addresses for certain
review requests and reports, changes the
facsimile number for an office, corrects
the name of a division, revises the
location for filing a voluntary selfdisclosure, and corrects a citation error.
It is purely administrative in nature and
does not affect the rights of the public.
No other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this rule.
Because notice of proposed
rulemaking and opportunity for public
comment are not required to be given
for this rule under the Administrative
Procedure Act or by any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
15 CFR Parts 740 and 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, terrorism.
15 CFR Part 762
Administrative practice and
procedure, Business and Industry,
Confidential business information,
Exports, Reporting and recordkeeping
requirements.
15 CFR Part 764
Administrative practice and
procedure, Exports, Law enforcement,
Penalties.
I Accordingly, parts 730, 740, 742, 748,
762, and 764 of the Export
Administration Regulations (15 CFR
Parts 730–799) are amended as follows:
PART 730—[AMENDED]
1. The authority citation for part 730
continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 2151 note, Pub. L. 108–175;
22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app.
466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L.
106–387; Sec. 221, Pub. L. 107–56; E.O.
11912, 41 FR 15825, 3 CFR, 1976 Comp., p.
114; E.O. 12002, 42 FR 35623, 3 CFR, 1977
Comp., p.133; E.O. 12058, 43 FR 20947, 3
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CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR
29783, 3 CFR, 1980 Comp., p. 256; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12854, 58 FR 36587, 3 CFR, 1993
Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 12981, 60 FR 62981, 3 CFR, 1995
Comp., p. 419; E.O. 13020, 61 FR 54079, 3
CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
26751, May 13, 2004; Notice of August 6,
2004, 69 FR 48763 (August 10, 2004); Notice
of November 4, 2004, 69 FR 64637
(November 8, 2004).
2. In § 730.8, revise paragraph (c) to
read as follows:
I
§ 730.8
help.
How to proceed and where to get
*
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*
*
(c) Where to get help. Throughout the
EAR you will find information on
offices you can contact for various
purposes and types of information.
General information including
assistance in understanding the EAR,
information on how to obtain forms,
electronic services, publications, and
information on training programs
offered by BIS, is available from the
Office of Exporter Services at the
following locations:
Outreach and Educational Services Division,
U.S. Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room
H1099D, Washington, DC 20230, Tel: (202)
482–4811, Fax: (202) 482–2927, and
Western Regional Office, U.S. Department of
Commerce, 3300 Irvine Avenue, Suite 345,
Newport Beach, California 92660, Tel:
(949) 660–0144, Fax: (949) 660–9347, and
U.S. Export Assistance Center, Bureau of
Industry and Security, 152 N. Third Street,
Suite 550, San Jose, California 95112–5591,
Tel: (408) 998–7402, Fax: (408) 998–7470.
PART 740—[AMENDED]
3. The authority citation for part 740
continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et. seq.; 50
U.S.C. 1701 et. seq.; Sec. 901–911, Pub. L.
106–387; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
4. In § 740.8, revise the second
sentence of paragraph (b)(2) to read as
follows:
I
§ 740.8
(KMI)
*
Key management infrastructure
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*
(b) * * *
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(2) * * * Submit the original request
to BIS in accordance with § 748.3 of the
EAR and send a copy of the request to:
Attn: ENC Encryption Request Coordinator,
9800 Savage Road, Suite 6940, Fort Meade,
MD 20755–6000.
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 6, 2004, 69 FR 48763 (August 10,
2004).
I
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5. In § 740.17, revise paragraph
(e)(5)(ii) to read as follows:
9. In § 748.2 revise paragraph (a) to
read as follows:
I
§ 748.2 Obtaining forms; mailing
addresses.
§ 740.17 Encryption commodities and
software (ENC).
(a) You may obtain the forms required
by the EAR from any U.S. Department
of Commerce District Office; or in
person or by telephone or facsimile from
the following BIS offices:
*
*
*
*
*
(e) * * *
(5) * * *
(ii) Attn: ENC Encryption Request
Coordinator, 9800 Savage Road, Suite
6940, Ft. Meade, MD 20755–6000.
*
*
*
*
*
PART 742—[AMENDED]
6. The authority citation for part 742
continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec.
901–911, Pub. L. 106–387; Sec. 221, Pub. L.
107–56; Sec 1503, Pub.L. 108–11,117 Stat.
559; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 6, 2004, 69 FR
48763 (August 10, 2004); Notice of November
4, 2004, 69 FR 64637 (November 8, 2004).
Outreach and Educational Services Division,
U.S. Department of Commerce, 14th Street
and Pennsylvania Ave., NW., Room
H1099D, Washington, DC 20230, Tel: (202)
482–4811, Fax: (202) 482–2927, or
Western Regional Office, U.S. Department of
Commerce, 3300 Irvine Avenue, Suite 345,
Newport Beach, CA 92660, Tel: (949) 660–
0144, Fax: (949) 660–9347, or
U.S. Export Assistance Center, Bureau of
Industry and Security, 152 N. Third Street,
Suite 550, San Jose, CA 95112–5591, Tel:
(408) 998–7402, Fax: (408) 998–7470.
*
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*
10. In § 748.4, revise the first sentence
of paragraph (h) to read as follows:
I
§ 748.4 Basic guidance related to applying
for a license.
*
*
*
*
(h) Emergency processing. Applicants
may request emergency processing of
license applications by contacting the
Outreach and Educational Services
Division of the Office of Exporter
Services by telephone on (202) 482–
I 7. In Supplement No. 6 to Part 742,
4811 or by facsimile on (202) 482–2927.
revise the fifth and sixth sentences of the * * *
introductory paragraph to read as
follows:
PART 762—[AMENDED]
Supplement No. 6 to Part 742—
I 11. The authority citation for part 762
Guidelines for Submitting Review
continues to read as follows:
Requests for Encryption Items
Authority: 50 U.S.C. app. 2401 et seq.; 50
* * * For electronic submissions via
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
SNAP, you may fax a copy of the
6, 2004, 69 FR 48763 (August 10, 2004).
support documents to BIS at (202) 219–
9179 or –9182 or you may send the
I 12. In § 762.1, revise the first sentence
documents to: Bureau of Industry and
of paragraph (a)(4) to read as follows:
Security, Information Technology
Controls Division, Room 2093, 14th
§ 762.1 Scope.
Street and Pennsylvania Ave., NW.,
*
*
*
*
*
Washington, DC 20230. In addition, you
(a) * * *
must send a copy of your review request
(4) Any other transactions subject to
and all support documents to: Attn:
the EAR, including, but not limited to,
ENC Encryption Request Coordinator,
the prohibitions against servicing,
9800 Savage Road, Suite 6940, Fort
forwarding and other actions for or on
Meade, MD 20755–6000. * * *
behalf of end-users of proliferation
concern contained in §§ 736.2(b)(7) and
*
*
*
*
*
744.6 of the EAR. * * *
PART 748—[AMENDED]
*
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*
8. The authority citation for part 748
continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et. seq.; 50
U.S.C. 1701 et. seq.; E.O. 13026, 61 FR 58767,
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PART 764—[AMENDED]
13 . The authority citation for part 764
is revised to read as follows:
I
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Authority: 50 U.S.C. app. 2401 et. seq.; 50
U.S.C. 1701 et. seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
14. In § 764.5 revise paragraph (c)(7) to
read as follows:
I
§ 764.5
Voluntary self-disclosure.
*
*
*
*
*
(c) * * *
(7) Where to make voluntary selfdisclosures. The information
constituting a voluntary self-disclosure
or any other correspondence pertaining
to a voluntary self-disclosure may be
submitted to: Director, Office of Export
Enforcement, 1401 Constitution Ave.,
Room H4514, Washington, DC 20230,
Tel: (202) 482–5036, Facsimile: (202)
482–5889.
*
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*
*
Dated: April 21, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–8535 Filed 4–28–05; 8:45 am]
BILLING CODE 3510–33–U
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 203
RIN 1010–AD01
Technical Amendment to Oil and Gas
and Sulphur Operations in the Outer
Continental Shelf (OCS)—Relief or
Reduction in Royalty Rates—Deep Gas
Provisions
Minerals Management Service
(MMS), Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule amends regulations
to correct an unintended potential gap
and administrative oversight in the
original deep gas royalty rule by making
leases located partly in water deeper
than 200 meters and issued during lease
sales held in 2001 and later years
expressly eligible for royalty relief for
drilling deep gas wells on leases not
subject to deep water royalty relief.
DATES: Effective date: This rule is
effective on April 29, 2005.
FOR FURTHER INFORMATION CONTACT:
Marshall Rose, Chief, Economics
Division, Minerals Management Service,
at (703) 787–1536. E-mail:
Marshall.Rose@mms.gov. Address:
Minerals Management Service, MS
4050, 381 Elden Street, Herndon,
Virginia 20170.
SUPPLEMENTARY INFORMATION: Title 30
CFR part 203 regulates the reduction of
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oil and gas royalty under 43 U.S.C.
1337(a)(3). Under section 1337(a)(3)(B),
MMS may reduce, modify, or eliminate
royalties on certain producing or nonproducing leases or categories of leases
to promote development or increased
production or to encourage production
of marginal resources, in the Gulf of
Mexico (GOM) west of 87 degrees, 30
minutes West longitude. A final rule
published January 26, 2004 (69 FR
3492), and amended April 30, 2004 (69
FR 24052), offered an incentive for
certain lessees to explore for and
develop deep well gas reserves more
rapidly. The objective of the gas
incentive is to increase the volume of
natural gas production from the OCS by
encouraging deep drilling on leases in
the shallow water areas of the GOM, i.e.,
water less than 200 meters deep.
One important subset of these leases
was inadvertently not expressly
included in this incentive: Those leases
straddling the deep water/shallow water
depth line issued between January 1,
2001, and April 1, 2004, that did not
contain deep well drilling relief terms
that the lessee would have to renounce
under § 203.48 of the January 26, 2004,
final rule. Those leases were intended to
be included and were explicitly
included and addressed in the preamble
to the final rule published January 26,
2004. Briefly, § 203.40 provides deep
gas royalty relief to leases meeting
various combinations of vintage,
location, and production conditions.
One of the changes between the
proposed and final rule addressed
comments on the proposed rule by
adding eligibility for certain leases
straddling the 200 meter water depth
line. MMS intended to allow the
incentive for all the leases that straddle
this depth line that existed on the date
of the final rule and to future such
leases that straddle this depth line
issued while the temporary incentive
period is in effect as long as they were
not ‘‘double dipping’’ in incentive
programs. The preamble to the final rule
explains that change as follows:
For leases lying partly in deep water, MMS
prefers to avoid a situation in which any
such lease can obtain non-discretionary relief
from more than one categorical royalty relief
program, e.g., deep water and deep depth
drilling. The framework and parameters of
each program were designed assuming no
further categorical royalty relief would be
provided. As of the summer of 2003, there
were 132 leases issued before 2001, and lying
partly in water depths greater than 200
meters eligible for case-by-case or categorical
royalty relief under Sections 302 and 304 of
the Deep Water Royalty Relief Act (DWRRA).
Eighty-two of these leases were issued from
1996’2000, and are covered under the
categorical royalty relief program under
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
section 304 of the DWRRA [43 U.S.C. 1337
note]. They are not eligible for the deep gas
program. Fifty of the leases were issued
before 1996, and are covered only by the
discretionary royalty relief provisions of
section 302 of the DWRRA, 43 U.S.C.
1337(a)(3)(c). MMS’s final rule extends
eligibility for deep gas drilling relief to these
50 leases, as well as to any lease issued from
sales held in 2001, or thereafter, without
DWRRA royalty relief eligibility and lying at
least partly in less than 200 meters of water
depth.
The last sentence in the above
paragraph explains and confirms that
MMS intended to offer deep gas royalty
relief to leases straddling the 200 meter
water depth line that did not have
DWRRA section 304 non-discretionary
royalty relief. Because non-discretionary
deep water royalty relief has not been
provided to leases in less than 400
meters of water since 2000, two kinds of
leases meet those criteria—pre-DWRRA
leases and leases issued in sales held in
2001–2004. As the preamble mentions,
there were 50 leases in the former
category, from lease sales held before
enactment of the DWRRA that are still
active. The latter category numbers 81
leases issued in lease sales held in
2001–2004. Additional such leases may
be issued in lease sales held in the next
several years. Modifications in the final
rule explicitly made the 50 pre-DWRRA
leases that meet those criteria eligible
for royalty relief for drilling deep gas
wells on leases not subject to deep water
royalty relief (§ 203.40(a)(1) and (b)(2)).
Unfortunately, contrary to MMS’s
intent as expressed in the preamble to
the final rule, the language in
§ 203.40(a)(2) does not make expressly
eligible for deep gas royalty relief leases
located partly in water less than 200
meters deep that were issued between
January 1, 2001, and April 1, 2004. This
is the case because such leases did not
have any royalty incentives for deep
well gas drilling included as part of
their lease terms. Likewise, also
contrary to MMS’s intent as expressed
in the preamble, language in
§ 203.40(a)(3) does not make similarly
located leases issued on and after April
1, 2004, expressly eligible for deep gas
relief. Under § 203.40(a)(2) and (a)(3),
leases issued after 2001 need to exercise
the option under § 203.48 to replace
incentive terms in their original lease
document with those in the regulation.
However, leases have this option under
§ 203.48 only if they were issued with
royalty relief provisions for deep well
drilling. Leases located partly in water
less than 200 meters deep were not
issued with any royalty relief provisions
for deep well drilling, and hence do not
have any option to exercise. In fact, they
do not need to have an option to
E:\FR\FM\29APR1.SGM
29APR1
]]>Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22247-22250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8535]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, 748, 762, and 764
[Docket No. 050408099-5099-01]
RIN [0694-AD48]
Revised Contact Information, Nomenclature Change and Correction
of Citation Error
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises delivery addresses, telephone and facsimile
numbers; makes a nomenclature change, and corrects a citation error.
This rule revises the delivery address for the ENC Encryption Request
Coordinator and the office within BIS that receives encryption review
requests and reports. The rule also revises the facsimile number for
the Office of Exporter Services, corrects the name of the Outreach and
Educational Services Division, revises the office to which a voluntary
self-disclosure may be sent, revises the title and address of the
official to whom a voluntary self-disclosure may be sent, and corrects
a citation error. These actions are being taken to reflect the
reorganization or movement of certain offices or functions, and to
correct an error in the regulations. This action is not intended to
have a substantive effect on the rights or obligations of the public.
DATES: This rule is effective April 29, 2005.
ADDRESSES: Send comments concerning this rule to rpd2@bis.doc.gov, fax
(202) 482-3355, or to Regulatory Policy Division, Bureau of Industry
and Security, Room H2705, U.S. Department of Commerce, Washington DC,
20230. Please refer to regulatory identification number (RIN) 0694-AD48
in all comments, and in the subject line of e-mail comments.
FOR FURTHER INFORMATION CONTACT: William Arvin, Office of Exporter
Services, Bureau of Industry and Security, Telephone: (202) 482-2440,
Email: warvin@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule makes administrative changes and
corrections to the Export Administration Regulations (EAR) as described
below.
The EAR require that certain encryption review requests and reports
be submitted to the ENC Encryption Request Coordinator located in Fort
Meade, Maryland and to BIS. This rule
[[Page 22248]]
revises two delivery addresses and one name for such deliveries. Those
addresses and name are:
The suite number in the address of the ENC Encryption
Request Coordinator is changed from 6131 to 6940 in Sec. 740.8(b)(2)--
(classification requests related to key escrow and key recovery
products pursuant to License Exception Key Management Infrastructure
(KMI)), Sec. 740.17(e)(5)(ii)--(submission of semi-annual reports
required pursuant to License Exception ENC), and Supp. No. 6 to Part
742 (Guidelines for submitting review requests for encryption items) to
reflect a recent move by that organization;
The name KMI Encryption Request Coordinator in Sec.
740.8(b)(2) is changed to ENC Encryption Request Coordinator to reflect
the current name of that organization; and
The room number for deliveries to BIS's Information
Technology Controls Division is changed from 2625 to 2093 in Supplement
No. 6 to Part 742.
This rule revises the facsimile number that appears n Sec.
748.4(h) (requests for emergency processing of export and reexport
license applications) and in Sec. 748.2(a) (requests for BIS forms
from the Washington, DC facility of the Office of Exporter Services) to
read ``(202) 482-2927''. This rule also corrects the name of the
Outreach and Educational Services Division in Sec. 730.8 and Sec.
748.2.
This rule removes the Office of Export Enforcement (OEE) field
offices from the list of locations at which to make voluntary
disclosures in Sec. 764.5(c)(7). All such disclosures will have to be
made to OEE headquarters. The rule also revises title of the
headquarters official as well as the headquarters address, telephone
number, and facsimile number to use when making such disclosures.
This rule corrects a citation error in Sec. 762.1(a)(4) by
revising the reference to Sec. 734.2(b)(7) to read Sec. 736.2(b)(7)
because the latter rather than the former mentions the actions related
to proliferation activities to which Sec. 762.1(a)(4) refers.
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783
(2002)), as extended by the Notice of August 6, 2004, 69 FR 48763
(August 10, 2004) continues the Regulations in effect under the
International Emergency Economic Powers Act.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule involves collections of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.). These
collections have been approved by Office of Management and Budget under
control number 0694-0088, ``Multi-Purpose Application,'' which carries
a burden hour estimate of 58 minutes for a manual or electronic
submission, control number 0694-0104 ``Encryption Items Under the
Jurisdiction of the Department of Commerce, Forms BIS 742R and 742S''
which carries a total estimated annual burden of 2,830 hours among an
estimated 680 respondents, and 0694-0058 ``Procedure for Voluntary
Self-Disclosure of Violations'' which carries a total estimated annual
burden estimate of 670 hours. BIS believes that this rule will not
materially affect the burden imposed by any of these collections. Send
comments regarding these burden estimates or any other aspect of these
collections of information, including suggestions for reducing the
burden, to David Rostker, Office of Management and Budget (OMB), by e-
mail to David--Rostker@omb.eop.gov, or by fax to (202) 395-7285; and to
the Office of Administration, Bureau of Industry and Security,
Department of Commerce, 14th and Pennsylvania Avenue, NW., Room 6883,
Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
it is unnecessary. The changes made by this rule are not substantive
changes. This regulation revises delivery addresses and telephone and
facsimile numbers, corrects citation errors, and removes a redundant
notification requirement. The revisions made by this rule are
administrative in nature and does not affect the rights or obligations
of the public. Because these revisions are not substantive changes to
the EAR, it is unnecessary to provide notice and opportunity for public
comment. In addition, the 30-day delay in effectiveness required by 5
U.S.C. 553(d) is not applicable because this rule is not a substantive
rule. This rule only revises two delivery addresses for certain review
requests and reports, changes the facsimile number for an office,
corrects the name of a division, revises the location for filing a
voluntary self-disclosure, and corrects a citation error. It is purely
administrative in nature and does not affect the rights of the public.
No other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this rule.
Because notice of proposed rulemaking and opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Parts 740 and 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, terrorism.
15 CFR Part 762
Administrative practice and procedure, Business and Industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.
15 CFR Part 764
Administrative practice and procedure, Exports, Law enforcement,
Penalties.
0
Accordingly, parts 730, 740, 742, 748, 762, and 764 of the Export
Administration Regulations (15 CFR Parts 730-799) are amended as
follows:
PART 730--[AMENDED]
0
1. The authority citation for part 730 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 2151 note, Pub. L. 108-175; 22 U.S.C. 3201 et seq.;
22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C.
6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec.
901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 11912, 41
FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR,
1977 Comp., p.133; E.O. 12058, 43 FR 20947, 3
[[Page 22249]]
CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp.,
p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR,
1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020,
61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
26751, May 13, 2004; Notice of August 6, 2004, 69 FR 48763 (August
10, 2004); Notice of November 4, 2004, 69 FR 64637 (November 8,
2004).
0
2. In Sec. 730.8, revise paragraph (c) to read as follows:
Sec. 730.8 How to proceed and where to get help.
* * * * *
(c) Where to get help. Throughout the EAR you will find information
on offices you can contact for various purposes and types of
information. General information including assistance in understanding
the EAR, information on how to obtain forms, electronic services,
publications, and information on training programs offered by BIS, is
available from the Office of Exporter Services at the following
locations:
Outreach and Educational Services Division, U.S. Department of
Commerce, 14th and Pennsylvania Avenue, NW., Room H1099D,
Washington, DC 20230, Tel: (202) 482-4811, Fax: (202) 482-2927, and
Western Regional Office, U.S. Department of Commerce, 3300 Irvine
Avenue, Suite 345, Newport Beach, California 92660, Tel: (949) 660-
0144, Fax: (949) 660-9347, and
U.S. Export Assistance Center, Bureau of Industry and Security, 152
N. Third Street, Suite 550, San Jose, California 95112-5591, Tel:
(408) 998-7402, Fax: (408) 998-7470.
PART 740--[AMENDED]
0
3. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et. seq.; 50 U.S.C. 1701 et.
seq.; Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 6, 2004, 69 FR 48763 (August 10, 2004).
0
4. In Sec. 740.8, revise the second sentence of paragraph (b)(2) to
read as follows:
Sec. 740.8 Key management infrastructure (KMI)
* * * * *
(b) * * *
(2) * * * Submit the original request to BIS in accordance with
Sec. 748.3 of the EAR and send a copy of the request to:
Attn: ENC Encryption Request Coordinator, 9800 Savage Road,
Suite 6940, Fort Meade, MD 20755-6000.
* * * * *
0
5. In Sec. 740.17, revise paragraph (e)(5)(ii) to read as follows:
Sec. 740.17 Encryption commodities and software (ENC).
* * * * *
(e) * * *
(5) * * *
(ii) Attn: ENC Encryption Request Coordinator, 9800 Savage Road,
Suite 6940, Ft. Meade, MD 20755-6000.
* * * * *
PART 742--[AMENDED]
0
6. The authority citation for part 742 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; Sec 1503,
Pub.L. 108-11,117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Presidential Determination 2003-23 of May 7,
2003, 68 FR 26459, May 16, 2003; Notice of August 6, 2004, 69 FR
48763 (August 10, 2004); Notice of November 4, 2004, 69 FR 64637
(November 8, 2004).
0
7. In Supplement No. 6 to Part 742, revise the fifth and sixth
sentences of the introductory paragraph to read as follows:
Supplement No. 6 to Part 742--Guidelines for Submitting Review Requests
for Encryption Items
* * * For electronic submissions via SNAP, you may fax a copy of
the support documents to BIS at (202) 219-9179 or -9182 or you may send
the documents to: Bureau of Industry and Security, Information
Technology Controls Division, Room 2093, 14th Street and Pennsylvania
Ave., NW., Washington, DC 20230. In addition, you must send a copy of
your review request and all support documents to: Attn: ENC Encryption
Request Coordinator, 9800 Savage Road, Suite 6940, Fort Meade, MD
20755-6000. * * *
* * * * *
PART 748--[AMENDED]
0
8. The authority citation for part 748 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et. seq.; 50 U.S.C. 1701 et.
seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 6,
2004, 69 FR 48763 (August 10, 2004).
0
9. In Sec. 748.2 revise paragraph (a) to read as follows:
Sec. 748.2 Obtaining forms; mailing addresses.
(a) You may obtain the forms required by the EAR from any U.S.
Department of Commerce District Office; or in person or by telephone or
facsimile from the following BIS offices:
Outreach and Educational Services Division, U.S. Department of
Commerce, 14th Street and Pennsylvania Ave., NW., Room H1099D,
Washington, DC 20230, Tel: (202) 482-4811, Fax: (202) 482-2927, or
Western Regional Office, U.S. Department of Commerce, 3300 Irvine
Avenue, Suite 345, Newport Beach, CA 92660, Tel: (949) 660-0144,
Fax: (949) 660-9347, or
U.S. Export Assistance Center, Bureau of Industry and Security, 152
N. Third Street, Suite 550, San Jose, CA 95112-5591, Tel: (408) 998-
7402, Fax: (408) 998-7470.
* * * * *
0
10. In Sec. 748.4, revise the first sentence of paragraph (h) to read
as follows:
Sec. 748.4 Basic guidance related to applying for a license.
* * * * *
(h) Emergency processing. Applicants may request emergency
processing of license applications by contacting the Outreach and
Educational Services Division of the Office of Exporter Services by
telephone on (202) 482-4811 or by facsimile on (202) 482-2927. * * *
PART 762--[AMENDED]
0
11. The authority citation for part 762 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
0
12. In Sec. 762.1, revise the first sentence of paragraph (a)(4) to
read as follows:
Sec. 762.1 Scope.
* * * * *
(a) * * *
(4) Any other transactions subject to the EAR, including, but not
limited to, the prohibitions against servicing, forwarding and other
actions for or on behalf of end-users of proliferation concern
contained in Sec. Sec. 736.2(b)(7) and 744.6 of the EAR. * * *
* * * * *
PART 764--[AMENDED]
0
13 . The authority citation for part 764 is revised to read as follows:
[[Page 22250]]
Authority: 50 U.S.C. app. 2401 et. seq.; 50 U.S.C. 1701 et.
seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 6, 2004, 69 FR 48763 (August 10, 2004).
0
14. In Sec. 764.5 revise paragraph (c)(7) to read as follows:
Sec. 764.5 Voluntary self-disclosure.
* * * * *
(c) * * *
(7) Where to make voluntary self-disclosures. The information
constituting a voluntary self-disclosure or any other correspondence
pertaining to a voluntary self-disclosure may be submitted to:
Director, Office of Export Enforcement, 1401 Constitution Ave., Room
H4514, Washington, DC 20230, Tel: (202) 482-5036, Facsimile: (202) 482-
5889.
* * * * *
Dated: April 21, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-8535 Filed 4-28-05; 8:45 am]
BILLING CODE 3510-33-U
